A History of Babylon, from the Foundation of the Monarchy to the Persian Conquest

by L. W. King

A large number of the First Dynasty contracts relate to commercial journeys of this sort, and record the terms of the bargains entered into between the interested parties. Such partnerships were sometimes concluded for a single journey, but more often for longer periods of time. The merchant always demanded a properly executed receipt for the money or goods he advanced to the trader, and the latter received one for any deposit or pledge he might have made in token of his good faith. In reckoning their accounts on the conclusion of a journey, only such amounts as were specified in the receipts were regarded as legal obligations, and, if either party had omitted to obtain his proper documents, he did so at his own risk. The market-places of the capital and the larger towns must have been the centres where such business arrangements were transacted, and official scribes were probably always in attendance to draw up the terms of any bargain in the presence of other merchants and traders, who acted as witnesses. These had their names enumerated at the close of the document, and since they were chosen from local residents, some were always at hand to testify in case of any subsequent dispute.

The town-life in Babylonia at this time must have had many features in common with that of any provincial town in Mesopotamia to-day, except that the paternal government of the First Dynasty undoubtedly saw to it that the streets were kept clean, and made strenuous efforts to ensure that private houses should be soundly built and maintained in proper repair. We have already followed out the lines of some of the streets in ancient Babylon,[30] and noted that, while the foundations of the houses were usually of burnt brick, crude brick was invariably employed for their upper structure. They were probably all buildings of a single story, their flat mud roofs, supported on a layer of brush-wood with poles for rafters, serving as a sleeping-place for their inmates during the hot season. Contemporary evidence goes to show that, before the period of Hammurabi, private houses had not been very solidly built, for his legislation contemplates the possibility of their falling and injuring the inmates. In the case of new houses the law fixed the responsibility upon the builder, and we may infer that the very heavy penalties exacted for bad work led to a marked improvement in construction. For, when such a newly built house fell and crushed the owner so that he died, the builder himself was liable to be put to death. Should the fall of the house kill the owner's son, the builder's own son was slain; and, if one or more of the owner's slaves were killed, the builder had to restore him slave for slave. Any damage to the owner's possessions was also made good by the builder, who had in addition to rebuild the house at his own cost, or repair any portion of it that had fallen. On the other hand, payment for sound work was guaranteed, and the fact that the scale of payment was fixed by the area of ground covered by the building, is direct evidence that the houses of the period consisted of no more than one story. The beginning of town-planning on systematic lines, with streets running through and crossing each other at right angles, of which we have noted evidence at Babylon, may perhaps date from the Hammurabi period; but no confident opinion on the point can be expressed until further excavation has been undertaken in the earlier strata of the city.[31]

I. A SMALL KELEK ON THE TIGRIS AT BAGHDAD.
II. FERRY-BOATS ON THE EUPHRATES AT BIREJIK.

We have recovered from contemporary documents a very full picture of family life in early Babylonia, for the duties of the separate members of a family to one another were regulated by law, and any change in relationship was duly attested and recorded in legal form before witnesses. Minute regulations were in force with regard to marriage, divorce and the adoption and maintenance of children, while the provision and disposal of marriage-portions, the rights of widows and the laws of inheritance were all controlled by the state upon traditional lines. Perhaps the most striking feature in the social system was the recognized status of the wife in the Babylonian household, and the extremely independent position enjoyed by women in general. Any marriage to be legally binding had to be accompanied by a duly executed and attested marriage-contract, and without this necessary preliminary a woman was not regarded as a wife in the legal sense. On the other hand, when once such a marriage-contract had been drawn up and attested, its inviolability was stringently secured. Chastity on the wife's part was enforced under severe penalty;[32] but on the other hand the husband's responsibility to maintain his wife in a position suitable to their circumstances was also recognized.

The law gave the wife ample protection, and in the case of the husband's desertion allowed her, under certain conditions, to become the legal wife of another man. If the husband wilfully deserted her and left his city under no compulsion, she might remarry and he could not reclaim her on his return. But if his desertion was involuntary, as in the case of a man taken in battle and carried off as a prisoner, this rule did not apply; and the wife was allowed to shape her action during his absence in accordance with the condition of her husband's affairs. The regulations in such a case were extraordinarily in favour of the woman. If the husband was possessed of property sufficient to maintain the wife during the period of his captivity, she had no excuse for remarriage; and, should she become the wife of another man, the marriage was not regarded as legal and she was liable to the extreme penalty for adultery. But if the husband had not sufficient means for his wife's maintenance, it was recognized that she would be thrown on her own resources, and she was permitted to remarry. The returning captive could claim his wife, but the children of the second marriage remained with their own father. The laws of divorce, too, safeguarded the woman's interests, and only dealt with her severely if it could be proved that she had wasted her household and failed in her duty as a wife; in such a case she could be divorced without compensation, and even reduced to the condition of a slave in her husband's house. But, in the absence of such proof, her maintenance was fully secured; for the husband had to return her marriage-portion, and, if there had been none, he must make her an allowance. She also had the custody of her children, for whose maintenance and education the husband had to provide; and, at his death, the divorced wife and her children could inherit a share of his estate.[33] The contraction of a permanent disease by the wife was also held to constitute no grounds for a divorce.

Such regulations throw an interesting light on the position of the married woman in the Babylonian community, which was not only unexampled in antiquity but compares favourably, in point of freedom and independence, with her status in many countries of modern Europe. Still more remarkable were the privileges capable of attainment by unmarried women of the upper class, who in certain circumstances were entitled to hold property in their own names and engage in commercial undertakings. To secure such a position a woman took vows, by which she became a member of a class of votaries attached to one of the chief temples in Babylon, Sippar, or another of the great cities.[34] The duties of such women were not sacerdotal, and, though they generally lived together, in a special building, or convent, attached to the temple, they enjoyed a position of great influence and independence in the community. A votary could possess property in her own name, and on taking her vows was provided with a portion by her father, exactly as though she were being given in marriage. This was vested in herself, and did not become the property of her order, nor of the temple to which she was attached; it was devoted entirely to her maintenance, and after her father's death, her brothers looked after her interest, and she could farm the property out. Upon her death her portion returned to her own family, unless her father assigned her the privilege of bequeathing it; but any property she inherited she could bequeath, and she had not to pay taxes on it. She had considerable freedom, could engage in commerce on her own account, and, should she desire to do so, could leave, the convent and contract a form of marriage.

While securing her these privileges, the vows she took entailed corresponding responsibilities. Even when married, a votary was still obliged to remain a virgin, and, should her husband desire children, she could not bear them herself, but must provide him with a maid or concubine. But, in spite of this disability, she was secured in her position as the permanent head of the household. The concubine, though she might bear the husband children, was always the wife's inferior, and should she attempt to put herself on a level with the votary, the latter could brand her and put her with the female slaves; while in the event of the concubine proving barren, she could be sold. Unmarried votaries, too, could live in houses of their own and dispose of their time and money in their own way. But a high standard of commercial and social morality was expected from them, and severe penalties were imposed for its infringement. No votary, for example, was permitted to open a beer-shop, and should she even enter one, she ran the risk of being put to death. An unmarried votary also enjoyed the status of a married woman, and the penalty for slandering one was branding in the forehead. That the social position enjoyed by a votary was considerable is proved by the fact that many women of good family, and even members of the royal house, took vows.

It is a striking fact that women of an Eastern race should have achieved such a position of independence at the beginning of the second millennium. The explanation is perhaps to be sought in the great part already played by commerce in Babylonian life. Among contemporary races, occupied mainly by agriculture and war, woman's activity was necessarily restricted to the rearing of children and to the internal economy of the household. But with the growth of Babylonian trade and commercial enterprise, it would seem that the demand arose, on the part of women of the upper class, to take part in activities in which they considered themselves capable of joining.[35] The success of the experiment was doubtless due in part to the high standard of morality exacted, and in part to the prestige conferred by association with the religious cult.